Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 1072/ 2025

Hon’ble Manoj Kumar Tiwari, J

1. Mr. Navneet Kaushik, learned

counsel for the petitioner.

2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of

Uttarakhand.

3. Petitioner is serving as Senior Auditor in Directorate of Audit. He was transferred from Haridwar to Dehradun vide order dated 10.06.2025. Thus, feeling aggrieved, petitioner has

approached this Court.

4. Coordinate Bench of this Court passed interim order on 26.06.2025 in view of contention raised on behalf of petitioner that as a Senior Employee, he

is exempted from compulsory transfer.

5. It is not in dispute that petitioner has crossed 55 years of age, thus, he is a Senior Employee, as defined under Section 3(h) of The Uttarakhand Annual

Transfer for Public Servants Act, 2017.

6. Learned State Counsel refers to Section 7(d)(i) of the Transfer Act, 2017 for contending that Senior Employees are exempted only from compulsory transfer from accessible area to remote area, therefore, there is nothing wrong in the order of transfer passed in respect of the

petitioner.

7. Learned counsel for the petitioner submits that Section 6 of the Transfer

Act contemplates only three kinds of transfers, namely, (a) Compulsory transfer from accessible area to remote area; (b) Compulsory transfer from remote area to accessible area; & (c)

Transfer on the basis of request.

8. Mr. Navneet Kaushik, learned counsel appearing for the petitioner, thus, submits that transfer from Sugam to Sugam is not contemplated under Section 6 of the Act, therefore, petitioner’s transfer is not referable to the Transfer Act, and thus, the order impugned in the writ petition is unsustainable in the eyes of law.

9. This Court does not find any reason to interfere in the matter. Law is well settled that every Government Servant, who holds a transferable post, is liable to be transferred and the employers has inherent right to post him anywhere in public interest.

10. In the present case, the field is now covered by the Transfer Act, 2017; however, Transfer Act, 2017 does not, in any manner, take away the inherent right of State to transfer a transferable employee from one place to another.

11. This Court finds substance in the submission made by State Counsel that Senior Employee cannot be transferred from accessible place to a remote place, which is not the case here. Petitioner has been transferred from one accessible place to another accessible place, as he has served in Haridwar for last more than three decades. Since petitioner’s services were needed at Dehradun and he had served at Haridwar for sufficiently long period of time, ever since he was